Yeager, et al v. Bowlin, et al, No. 10-15297 (9th Cir. 2012)
Annotate this CasePlaintiff is a recognized figure in aviation history and defendants are retired commercial airline captains who became friends with plaintiff in the 1980s. Defendants sell aviation-related memorabilia, including items related to or signed by plaintiff. In 2008, plaintiff brought claims against defendants, including violations of the Lanham Act, 15 U.S.C. 1051 et seq., California's common law right to privacy, and California's statutory right to publicity, Cal. Civ. Code 3344. On appeal, plaintiff challenged the district court's order granting summary judgment to defendants. Plaintiff contended that the district court should not have struck his declaration, which contained comprehensive details he did not remember at his deposition. He also contended that, under California's single-publication rule, defendants "republished" statements about him on their website - when they modified unrelated information on their website. The court rejected both arguments and affirmed the judgment of the district court.
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